Sofia, May 11 (BTA) - The Constitutional Court (CC) declared
unconstitutional texts in the Penal Procedure Code and in the
Judiciary Act, which introduced the position of a prosecutor who
 can investigate the prosecutor general. The decision was taken
on Tuesday with 11 votes in favour and with a special opinion
signed only by Filip Dimitrov, the Constitutional Court said.

The special prosecutor position was established with amendments
to the Penal Procedure Code and the Judiciary Act tabled by
GERB, which provided the investigation of crimes committed by
the prosecutor general to be conducted.

There was opposition to these changes both within the
prosecution and in the Supreme Judicial Council (SJC), which
would elect the special prosecutor. Nongovernmental
organizations also opposed. Negative opinions also came from
abroad.

The case was initiated before the Constitutional Court after
President Rumen Radev challenged the changes in the Penal
Procedure Code. The head of state initially vetoed them, but his
 veto was overturned. Radev's request to the Constitutional
Court stated that the establishment of a special investigating
prosecutor affects basic constitutional values such as the
independence of prosecutors within the judiciary, the equality
of citizens before the law and the prohibition of extraordinary
courts. Radev even said he was worried about the independence of
 the head of the state prosecution. He feared that the new
figure would be outside the system of leadership and control in
the prosecution, which in practice is entirely subordinate to
the prosecutor general.

After the Constitutional Court allowed a hearing of the case,
the SJC suspended the procedure for electing a special
prosecutor. The procedure is now be terminated. NV/DT